Police Shooting Victim Recovering, Charges Possible

Updated: Wednesday, March 19 2014, 08:37 AM CDTThis morning, words of outrage and disbelief from an Austin father who says police used excessive force again his son.

"I thought they were here to protect and serve," said Eddie Smith. "My son's got rights like everybody else."

Overnight, police tell us the man shot in the altercation with police outside the Red Oak Apartments in Northeast Austin is recovering following surgery at UMC Brackenridge.

A lieutenant tells KEYE TV police are waiting until the morning to figure out if they'll file any charges. Meanwhile the family is demanding to know why police opened fire when they believe officers had other options.

KEYE TV is also working to get answers on how many times the man was shot and a breakdown of his injuries. Police did not have those answers overnight, telling KEYE an update could come sometime later Wednesday.

Here's what we know so far: police went to the complex on Berkman near 290 Tuesday around noon after getting a disturbance call. They say they found a man arguing with his girlfriend, armed with a gun. The man reportedly shouting to police it was a BB gun.

Police say a sergeant ordered the man to drop the gun several times but the man refused. That's when they say the sergeant feared for this life and opened fire.

"They're supposed to be the good guys but act like you're a good guy, you know?" said Smith. "Talk to people. Let the family know something. Don't just keep us in the dark."

This marks the second police shooting in Austin in 2014. The sergeant who shot the man is reportedly a 17-year veteran and is on administrative leave Wednesday morning.Police Shooting Victim Recovering, Charges Possible

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